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(영문) 대전지방법원 서산지원 2017.09.07 2017고단532
공무집행방해
Text

1. The punishment of the accused shall be three months of imprisonment;

2.Provided, That the above punishment shall be imposed for a period of one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On July 5, 2017, the Defendant: (a) 00:01, the Defendant expressed a desire to assault the Defendant, who was under the influence of alcohol in front of “D” on the street in Jin-si, Jin-si; and (b) reported on 112, such as “D,” and “under the influence of assault,” and called “D,” and tried to commit a assault to the Defendant, who was in a serious dispute with another person; (c) the Defendant, who was under the influence of the police box affiliated with the Chungcheongnam-gu Police Station E box, continued to talk with the other person; and (d) the Defendant, who was under the influence of the police box, expressed his desire to “F son at the bit of bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bund of a bund of a bund of a son of a bit of a f.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the prevention and suppression of crimes and other public peace and maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Application of statutes governing the handling of field photographs, 112 reported cases;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense, Article 136 (1) of the Criminal Act concerning the selection of punishment, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [the scope of the recommended sentence] The reason for sentencing under Article 62(1) of the Criminal Act (amended by Act No. 6200, Jan. 1, 2007) is the mitigated area (one month to eight months), and where the degree of violence, intimidation, deceptive scheme, or interference with public duties is minor (the decision of sentencing] where the police who is performing his/her duties is assaulted, and thus, the defendant must be strictly punished.

However, in consideration of the degree of violence, the records of criminal punishment of the defendant and all the sentencing conditions, the punishment shall be imposed only once, and the punishment shall be determined as per the order.

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